The fishing industry in Galactia, a developing coastal State
bordering the Atlantic Ocean, is based on resources from the marine and, to a
lesser extent, inland sector.

1.1 The inland sector

The main sources of inland fisheries - entirely traditional or
artisanal - are the Great Vegan Lake, reservoirs and fish ponds. Inland fishing
employs around 85,000 fishers and traders, and most of Galactias small
inland fishing boats - around 15 000 - operate on the Great Vegan Lake, most of
them without engines. The annual production of inland fisheries is about 16 per
cent of the annual total domestic production, with prices affected mostly by the
quality and quantity of the fish.

There has been rapid expansion of the population of introduced
fish in the Great Vegan Lake, locally referred to as the Saviour,
and the fishery it supports. This has led to many expressions of alarm about the
future of the lacustrine ecosystem and the sustainability of the
resource.

The Saviour Fish, together with two other species, make up
most of the total catch composition of fish from the Great Vegan Lake. The
Saviour Fish has a high export value, with a significant export market being
member countries of a regional economic integration organisation
(REIO).

Non-Galactian fishers from the two other countries bordering
the Great Vegan Lake frequently fish illegally in Galactian waters and land the
fish in their home countries both for consumption and export.

Data on effort in terms of numbers of boats, fishers, nets or
fishing days are somewhat fragmentary and weak; catch statistics are usually
recorded at the main marketing centres on the Great Vegan Lake. The difficulties
involved with the collection, analysis and reporting of catch, effort, price and
related data for inland fisheries have been well known for some time. While
repeated attempts have been made to resolve them, there have generally been few
long-lasting effects. Monitoring and reporting systems have remained weak, not
so much for lack of knowing what needs to be done but for lack of funds,
equipment and trained and committed personnel.

Of the three countries bordering the Lake, Galactia has the
most complete monitoring and reporting system, and it indicates a trend towards
increasing effort. The fishing pressure is affecting juvenile as well as adult
stock components in a situation that is already unstable and in need of a strong
precautionary approach. Because of the value of Saviour Fish for export, poorer
operators stand to be displaced from the fishery, and consumer prices for table
fish are tending to spiral upward.

Due to the interrelationship of the three major species of
fish in the Great Vegan Lake, it is believed that the best form of management is
gear selectivity. The non-Galactian fishers often use gear that is not
adequately selective, and tend not to report catch or effort.

One of Galactias neighbouring countries has played a
leading role in the export trade for Saviour Fish, due largely to favourable
geographical and infrastructural circumstances. But overcapacity now exists in
that country, with ramifications for Galactian fish-marketing and distribution
patterns that could be disruptive to Galactias national economic
interests.

A concern is the future of the Great Vegan Lake ecosystem. In
recent years, there have been changes in water quality, marked by increasing
eutrophication and the development of an anoxic layer at lower depths of the
water column. This has been brought on by a range of factors, including chemical
pollution, sedimentation and runoff of deleterious substances from logging
operations. In addition, the rapid colonization by the water-hyacinth has been
ubiquitous, with its mats often choking sheltered bays and inlets. This is less
a problem in the Galactian portion of the lake than along the shorelines of the
neighbouring countries.

One consequence of the deterioration of the ecosystem has been
the ban by the REIO members on the import of Saviour Fish on grounds that they
contained harmful chemicals which were used in fishing operations. This has
affected thousands of fishers and marketers in countries around the Lake,
including Galactia.

1.2 The marine sector

The fisheries activities in the marine sector exploit both
pelagic and demersal fish resources. Fishing activity in the marine sector
consists of:

trawling, using imported steel
vessels more than 35 metres long (60 trawlers);

tuna fishing, by pole and line
and purse seine vessels, including foreign operated boats (33
vessels).

The focus for IUU fishing in the marine sector is fishing by
trawlers and tuna fishing.

1.2.1 Trawlers and tuna vessels

The major species fished by trawlers is shrimp. Fourteen
Galactian trawler vessels fish in the waters of neighbouring countries, and the
others fish in Galactian waters. In Galactia, the trawlers may only fish in
certain areas and with specified gear. Shrimps are processed and packed on board
the trawlers for export.

Three tuna vessels are known to fish in neighbouring countries
and on the high seas, and several others are suspected of fishing beyond areas
of national jurisdiction. Thirty of the vessels are pole and line and three are
purse seiners. All tuna vessels are currently operated on a joint-venture basis
with Galactians beneficially owning or controlling at least 50 per cent of the
shares as required by the 2002 Fisheries Act. They are all registered in
Galactia. Where there is no joint venture the Fisheries Act allows licences for
foreign fishing vessels to be issued if there is an access arrangement, but none
have been issued in this manner.

1.2.2 Tuna processing and production

About 40 per cent of the sustainable annual tuna catch of the
Eastern Atlantic can be taken in Galactian waters. About 70 per cent of the
landed tuna is processed into loins or canned and exported, and it is believed
that tuna is the only significant species in Galactian waters able to sustain
increases in production. Galactias tuna fishing potential has been
increased by the recent provision of tuna landing facilities, financed by
foreign aid.

Tuna processing and preparation of fishmeal from tuna discards
are the only industrial processing activities carried out in Galactia. The
Pacifica Food Cannery and Atlantica Food Cannery process tuna mainly for the
export market. Since continuous supply of tuna is a problem, overseas partners
able to bring in or equip fishing boats are being sought. The Minister of State
in charge of Fisheries recently announced that Government would bring in some
fishing vessels to enable Galactians to produce fish locally, as in the past few
years the concentration had been on the importation of fish. A major goal is to
raise tuna production from 70,000 to 100,000 metric tonnes annually.

1.2.3 Terme Harbour, port development

Terme Fishing Harbour is currently the main landing point for
all tuna and industrial vessels. The Pacifica and Atlantica Food canneries, with
capacities of 25,000 tonnes and 4,500 tonnes, respectively, are located within
the Terme Fishing Harbour Area. The semi-industrial fleet is mostly located in
Terme Fishing Harbour.

1.2.4 Export and investment policy, financial value of
industry

The Galactian government seeks to encourage non-traditional
fisheries with a view to export, and to this end it has a policy for tax free
port and zone development. This would encourage investment by providing tax
exoneration for the first ten years of operation.

In total, the marine fishing industry supports up to 1.5
million people, about 10 per cent of the total population. It accounts for about
5 per cent of the agricultural Gross Domestic Product (GDP). Fish and fish
products, including tuna and shrimp, contribute US$62 million which is 20 per
cent of the industrial or non-traditional exports of Galactia.

1.2.5 Deepwater species depleted

Catches made in the Galactian exclusive economic zone (EEZ)
are comprised of about 80 per cent deepwater species. All indications are that
there is a high rate of exploitation and excessive fishing pressure, especially
for demersal stocks. In the past eight to ten years, several reports have
emphasised the need to reduce the fishing pressure on the demersal stocks
because they are significantly depleted.

There are a number of reasons for this. Galactia is a big
market for fish - and demand for fresh or frozen produce outstrips supply. This
has encouraged many to take up fishing, increasing the number of canoes and
leading to overfishing of the accessible coastal shallows. Also, large-scale
poaching by foreign vessels seriously depleted the demersal fish stocks in the
Galactian EEZ some years ago.

1.2.6 Galactian nationals in marine fisheries
sector

Galactian nationals working in the marine fisheries sector
confine their activities to the Galactian fishery waters or Galactian vessels,
and are not employed on vessels of other countries. Two Galactian-owned vessels
that fish outside Galactian waters illegally carry two registrations, one
Galactian and the other from Pluto, a country that does not meet its flag State
responsibilities.

2. FISHERIES MANAGEMENT IN GALACTIA

The fisheries in Galactia are controlled by two management
systems, described below. One is the traditional systems based on community
institutions and social practices at the local level. The second is a management
system consistent with international management principles, based on free access
but regulated by the State. It is principally directed at the activities
relating to semi-industrial and industrial fishing vessels in the marine sector.
The 2002 Fisheries Act, described below, provides the basis for regulation of
the marine sector.

2.1 Traditional systems of management

The head of the fishing community is the Chief Fisherman, who
is chosen from a clan in the community. As a symbol of local administrative and
spiritual authority in the community, the Chief Fisherman settles disputes,
maintains law and order on the beach, coordinates action in the event of
accident at seas, mediates with migrant fishers, supervises the fair
distribution of any communally acquired inputs, collects user fees for
initiating development projects and leads the people in performing religious
rituals connected with the sea. He is assisted by a council of senior
fishers.

Attempts have been made to establish community-based fisheries
management committees in all the fishing communities in the Great Vegan Lake
system. With the assistance of the Department of Fisheries, the fishing
communities are encouraged to plan, formulate and implement fisheries resource
management plans. Astra, a fishing community in the Lake system, has an
effective community-based system, and is being used as a model for adoption by
other fishing communities. This system of management has been found to be
relatively more effective than conventional methods.

2.2 Management regulated by the State - the 2002 Fisheries
Act

Fisheries management and development requirements, consistent
with international principles, are embodied in the 2002 Fisheries Act.
Recognizing the traditional systems, it provides a framework for inland
fisheries, including a community-based management system. It contains more
substantial provisions relating to the semi-industrial and commercial marine
sectors.

The Act was drafted in 1994, but not passed into law for many
years. It therefore does not implement many of the provisions that were
developed in the 1993 FAO Compliance Agreement, the 1995 UN Fish Stocks
Agreement and the IPOA-IUU. It applies only to activities in areas under
Galactian jurisdiction, except for the enforcement action of hot pursuit outside
such areas for an offence committed within Galactian jurisdiction.

The Act is regarded as a platform for developing and
strengthening fisheries management in Galactia, and is used as a major reference
point for capacity building and addressing management issues, including IUU
fishing activities. Relevant provisions that would empower Galactia to improve
its current management practices (previously hindered by lack of authority as
well as financial resources and political support) are set out below.

Although major constraints to implementing the legislation are
the continuing lack of human resources, capacity, infrastructure, financial
resources (sometimes resulting in conflicts of interest) and integration with
other government agencies, Galactia is benefiting from assistance from
sub-regional, regional and international organizations and programmes, as well
as donor assistance. It therefore views the legislation as a foundation upon
which to build and priories its management practices.

2.2.1 The Fisheries Commission and Minister

The Fisheries Act establishes a management authority in the
form of a Fisheries Commission in the Ministry of Food and Agriculture. It is
comprised of ten persons, including seven ex officio government and three
industry members. Its object is to regulate and manage the utilization of the
fishery resources of Galactia and coordinate the policies in relation to them.
Its functions include promoting subregional, regional and international
cooperation in fisheries management. There is also a provision for the Minister
to consult on international fisheries management, including through regional or
sub-regional organisations or international agencies.

2.2.2 Licence and registration requirements for fishing
vessels

In keeping with the dual management systems, the Act has
separate provisions in relation to local industrial and semi-industrial fishing
vessels, foreign fishing vessels, artisanal fishing, aquaculture and
recreational fishing vessels. Licences are required for fishing in Galactian
waters by:

foreign fishing
vessels;

local industrial and
semi-industrial fishing vessels;

canoes;

artisanal fishing;
and

recreational
fishing.

Licensed vessels are not allowed to land, tranship or
discharge any fish outside Galactia. A licence is required for transhipment or
export, and in any case fish have to be landed first in Galactia. The Fisheries
Commission is required to keep a register of fishing licences. Licensed vessels
are required to make appropriate reports of catches and related data, and
maintain logbooks.

2.2.3 The Inshore Exclusion Zone

Large semi-industrial vessels and industrial vessels are not
permitted within the inshore exclusion zone (IEZ). This comprises the coastal
waters between the coastline and the 30 metre isobath or 6 nautical mile
offshore limit, whichever is farthest. Canoe support vessels are also
prohibited, as are towing gear. The IEZ is reserved exclusively for small
semi-industrial vessels. Unlike some of its neighbours, a major problem in
Galactia is not with illegal trawlers but with licensed trawlers using illegal
practices, including widespread fishing inside the IEZ. Trawlers are required to
operate according to strict regulations, but the government does not have the
necessary capacity to enforce this.

2.2.4 Galactia Monitoring, Control and Surveillance
Unit

The 2002 Fisheries Act provides for a Monitoring, Control,
Surveillance and Enforcement Unit. Personnel for the Unit are designated by the
Minister in consultation with the Minister for Defence, and include personnel
from the navy, air force and the secretariat of the Commission. Their powers are
clearly set out for activities inside areas of Galactian jurisdiction, but, as
noted above, they may exercise their powers beyond the limits of the EEZ
following hot pursuit.

2.2.5 Penalties, fines, compounding process

Management of fisheries can be frustrated due to the fact that
penalties and fines in the Act are very steep, but somewhat uneven. They are
expressed in US dollars and in most cases there are maximum and minimum fines.
Maximum fines generally apply to semi-industrial, industrial or foreign fishing
vessels and can be as high as $2 million, for example in the case of unlicensed
fishing by a foreign fishing vessel. However, unlicensed fishing by a Galactian
industrial fishing vessel attracts a minimum fine of $1000, with no maximum
specified.

There is a provision in the Fisheries Act for compounding an
offence, allowing the Commission to accept an amount not less than the minimum
penalty for the offence, plus the fair market value for any fish caught
illegally, with the consent of the prosecutor.

2.2.6 Evidentiary provisions

Evidentiary provisions allow for certificate evidence by an
authorized officer regarding, inter alia, the position of a vessel as
identified by position fixing instruments. The certificate can be used as
sufficient evidence in the prosecution if there is no objection by the
defendant. There is a general provision regarding designated
machines where the Minister may designate a machine by notice in the
Gazette and the readings from such machines are admissible as evidence
under certain circumstances. This could apply to automatic location
communicators (ALCs) in a vessel monitoring system (VMS), but there are no
requirements regulating the installation and maintenance of ALCs for VMS
generally.

2.3 Integrated decision-making in Galactia

As noted above, the 2002 Fisheries Act provides for integrated
decision-making in the Department of fisheries through establishment of the
Fisheries Commission, and in requiring consultations.

In areas related to fisheries, the Ministry of Environment,
Science and Technology acts as Coordinating Ministry for integrated
decision-making in the following areas:

integrated coastal
zone management and sustainable development;

marine environmental
protection;

sustainable use and
conservation of marine living resources (of the high seas and under national
jurisdiction).

Other arrangements that facilitate coordination include the
National Committee for the Implementation of Agenda 21 and the Steering
Committee of the Gulf of Galactia Large Marine Ecosystem (LME) Project. However,
in respect of the latter there has not been much progress on addressing issues
relating to management of high seas fishing because the project addresses
broader issues relating to the LME.

3. RESEARCH AND TRAINING

The University of Galactia carries out research that is
focused on the Saviour Fish and related species. It runs two research stations
on the Great Vegan Lake in cooperation with the Department of
Fisheries.

The Water Research Institute conducts research on the
ecological changes of the Great Vegan Lake, estuaries, lagoons and the immediate
inshore water system of Galactia in order to provide information for proper
utilization, exploitation, development and management of resources.

Galactia also benefits from the Regional Project for Research
and Training on Coastal Marine Systems, and other relevant projects implemented
with development assistance and through regional organizations and
programmes.

4. DEVELOPMENT ASSISTANCE

The World Bank is midway through a ten year fisheries
sub-sector capacity building project in Galactia, in the amount of US$9
million.

A regional economic integration organization and UN
Specialized Agencies have provided substantial technical support to the
development of the fisheries subsector.

In addition, many of the regional organizations and
programmes, noted below, have also been active in providing technical assistance
and fisheries management support to Galactia.

5. INTERNATIONAL AND REGIONAL LAW AND
RELATIONS

5.1 Treaties and agreements

Galactia has signed and ratified the 1982 United Nations
Convention on the Law of the Sea (1982 UN Convention). It has not signed the
1995 UN Fish Stocks Agreement nor adhered to the 1993 FAO Compliance Agreement.
However, the government plans to become party to the 1995 UN Fish Stocks
Agreement and 1993 FAO Compliance Agreement to better carry out its obligations
as a member of regional fisheries bodies.

5.2 Membership in regional fishery bodies

Galactia is a member of the following regional fishery
bodies:

The Commission
for the Conservation of Tuna (CCT) - The main objective of the CCT
Convention is to maintain the populations of tuna and tuna-like species found in
the Atlantic at levels which permit the maximum sustainable catch for food and
other purposes. The Commissions functions inter alia include: (i) to study
the populations of tuna and tuna-like fishes, (ii) to collect and analyze
statistical information relating to the current conditions and trends of the
tuna fishery resources of the Convention Area, and (iii) recommend studies and
investigations to the Contracting Parties.

The Commissions area of competence comprises all waters
of the Atlantic Ocean, including Galactian waters. It has no regulatory powers,
but makes regulatory recommendations to be implemented by Contracting Parties.
CCT has recommended a number of measures on catch quotas, minimum weight of fish
and limitation of incidental catches, as well as IUU fishing. The regulatory
recommendations adopted by CCT are subject to an objection procedure.

CCT has developed a catch documentation scheme whose primary
objective is to track the international trade in certain tuna species. It
requires that any exports to a member country of the relevant species must be
accompanied by a statistical document, validated by the flag government of the
vessel which caught the fish, which provides information on the vessel and the
area in which the fish was caught. Members are required to provide the
Commission with an annual report of the data collected, and these reports are
sent to all members.

The Committee for Eastern
Ocean Fisheries (CEOF) - CEOF was established under the Constitution of the
United Nations Food and Agriculture Organization. It is an advisory body; it can
make recommendations on fisheries management to its member countries, but these
recommendations are not binding. In recent years, agenda items included emerging
global fisheries issues, implementation of the 1995 FAO Code of Conduct in the
region and the status and priorities for scientific research. At its last
Session in October 2002, the Committee recommended that the Director General
should keep under review the issue of a possible framework for the high seas. To
this effect, it requested the Director General to convene a Legal and Technical
Consultation to address the matter before the next Session of CEOF.

There have been no activities relating to the assessment of
IUU fishing, or catch certification and documentation. However, CEOF is
sensitizing Members on the dangers of IUU fishing and consulting regional
institutions on ways to strengthen monitoring, control and surveillance (MCS) to
curb illegal fishing.

The Committee for Inland
Fisheries (CIF) - CIF was established under the Constitution of the FAO. The
terms of reference of the Committee are:

to
promote, coordinate and assist national and regional fishery and limnological
surveys and programmes of research and development leading to the rational
utilization of inland fishery resources;

to assist Member Governments
in establishing the scientific basis for regulatory and other measures for the
conservation and improvement of inland fishery resources, to formulate such
measures through subsidiary bodies as required, and to make appropriate
recommendations for the adoption and implementation of these measures;

to promote and coordinate
efforts on a national and regional basis to prevent damage to the aquatic
environment, including the prevention and control of water pollution;

to assist in the development
of fish culture and stock improvement, including the control of fish diseases
and the importation of exotic species;

to promote and assist in the
utilization of the most effective fishing craft, gear and techniques;

to promote and assist
activities concerned with the processing, preservation and marketing of fish and
fish products;

to encourage education and
training through the establishment or improvement of national and regional
institutions and by the promotion and the organization of symposia, seminars,
study tours and training centres;

to assist in the collection,
interchange, dissemination and analysis of statistical, biological and
environmental data and other inland fishery information; and

to assist Member Governments
in formulating national and regional programmes to be implemented through
sources of international aid to help achieve the objectives referred to in the
preceding paragraphs.

Members are encouraged to incorporate relevant parts of the
1995 FAO Code of Conduct in their legislation and policies. The Secretariat is
encouraging national authorities to set up consultations with non-fisheries
ministries, agencies and the fishers to address Code issues. Even though the
IPOA on the Management of Fishing Capacity addresses marine fisheries, CIF
members are reminded of the dangers of over-capacity in inland fisheries. CIF is
also sensitising members on the dangers of IUU fishing and countries encouraged
to consolidate and strengthen the community-based management systems set up to
limit IUU fishing.

CIF has recommended the implementation of precautionary
approach for the management of inland fisheries to members that lack adequate
knowledge on the state of the stocks, which prevails in most cases. Another
issue considered to be a priority is involvement of the community in the
management of inland fisheries.

The Great Vegan Lake
Fisheries Organization (GVLFO) - The objectives of the GVLFO are to foster
cooperation among the Contracting Parties, harmonize national measures for the
sustainable utilisation of the living resources of the Lake and to develop and
adopt conservation and management measures. Member countries are currently
harmonizing their legislation, and the new legislation will adhere to the Code
of Conduct for Responsible Fisheries.

Regular extension and surveys are conducted to further the
assessment of the extent, impact and effects of IUU fishing. Illegal gears are
being removed from the fishery, and decisions relating to mesh size and slot
size have been taken. A priority issue is cross border fishing, and guidelines
have been issued in connection with this.

New entrants in the fishery are not encouraged, and catch
certification and documentation is implemented mainly in fish factories and
exported fish. To address ecosystem-based fisheries management, the catchment
area is being conserved under a Great Vegan Lake Environmental Management
Project.

There are no current plans to strengthen the
organizations capacity, due to the mandate and budgetary
constraints.

5.3 Participation in regional programmes

Regional
Development Community (RDC) - MCS Programme Galactia is in
partnership with the RDC MCS Programme, which operates under its Protocol on
Fisheries. The objectives of the RDC MCS programme address the marine fisheries
resources of the region. Capacity building and regional cooperation for MCS are
prominent objectives.

Expected results of the RDC MCS Programme include:

national
fisheries MCS systems functioning

establishment of a basis for
the management of shared stocks and international fishing activities

harmonized approaches to the
control of international fishing activities

marine environment more
protected

enhanced regional cooperation
and communication

The FAO Code of Conduct for Responsible Fisheries constitutes
the framework for any sustainable management of fisheries. RDC will introduce
this comprehensive approach within the Protocol on Fisheries, and through the
Marine Fisheries Policy Analysis and Review Project.

GALACTIA NPOA-IUU

1. ALL STATE RESPONSIBILITIES

1.1 Review of national laws, regulations and practices
relating to IUU fishing[39]

The Republic of Galactia will undertake a review of its
national laws, regulations and practices relating to IUU fishing, with a view to
implementing the IPOA-IUU in the most expedient manner possible. In prioritising
the implementation of the 2002 Fisheries Act, it will identify provisions which
will be most effecting in combating IUU fishing, such as MCS and licensing. The
principal goal of the review is to rationalize and strengthen the legal regime
and to make possible the use of all relevant tools in the IPOA-IUU
toolbox.

1.1.1 Additional legislative or regulatory authority
necessary or desirable to implement the IPOA

The Fisheries Act, 2002 will be reviewed to consider whether
to give the following areas legal status through laws, regulations or other
instruments, or to take other measures.

Galactia does not
currently prohibit nationals or vessels from supporting or engaging in IUU
fishing beyond areas of national jurisdiction, as required by the IPOA-IUU. It
is recognised that the term national is ambiguous, and could apply
to persons and fishing vessels[41], so Galactia
will take measures in respect of both.

For Galactian fishing vessels,
a review will be undertaken with the aim of adopting legal requirements (by
appropriate instrument - law, regulation or other) to: require licences for
vessels that fish on the high seas; make reports consistent with requirements of
CCTi and international obligations under the 1995 UN Fish Stocks Agreement;
comply with boarding, inspection and observer requirements on the high seas; and
prohibit the Galactian vessels that fish on the high seas from engaging in IUU
fishing or undermining conservation and management measures of
designated[42] regional fisheries management
organisations or arrangements (RFMOs). The Fisheries Commission will be required
to keep certain information relevant to high seas fishing vessels on a register,
consistent with standards of RFMOs of which Galactia is a member. The register
will, at a minimum, contain the data in paragraph 2.2.1 of this NPOA.

Galactia does not have
capacity to identify and prosecute stateless vessels that undermine
international conservation and management measures on the high seas, so will not
be seeking legal amendment to this effect. However, it will support the efforts
of other member countries of CCT to this
effect.[43]

For Galactian persons in areas
beyond national jurisdiction, consideration will be given to a legal requirement
prohibiting Galactian nationals from engaging in fishing activities that violate
the fisheries laws of another State or that undermine the effectiveness of
conservation and management measures adopted by designated
RFMOs.[44]

It is recognised that
enforcement of such a legal prohibition could be difficult, especially if a
foreign boat with no connection to Galactia is involved. Concerns include
limited enforcement capacity and potential problems with double jeopardy, where
action may be taken against the same person for the same offence by Galactia and
the State where the fisheries laws were violated. It is currently estimated that
few, if any, Galactians are employed on fishing vessels flying a non-Galactian
flag.

Sanctions reviewed
will include provisions in the 2002 Fisheries Act, other legislation and policy
and economic-oriented measures including trade restrictions. The objective is to
assess whether the sanctions are of sufficient severity to effectively prevent,
deter and eliminate IUU fishing and deprive the offenders of the benefits
accruing from such fishing.

In the 2002 Fisheries Act the
review will encompass the level of fine, the practice of compounding offences
(accepting an administrative penalty) in accordance with the 2002 Fisheries Act,
the seizure, sale and forfeiture of items used in the offence, terms of
imprisonment and other relevant considerations. Special attention will be paid
to the list of serious violations in Article 21(11) of the 1995 UN Fish Stocks
Agreement, in order to ensure that Galactian penalties for such offences are at
the appropriate level. Fines and penalties for IUU fishing beyond areas of
national jurisdiction will be introduced, and fines for IUU fishing in the IEZ
will be increased. In addition, the review will include the consistency of the
level of fines for serious offences throughout the Act.

Inter alia, the level
of fine for non-reporting or misreporting will be reviewed (including by
reference to similar fines in the region) in order to better enforce against IUU
fishing, including by use of catch certification schemes, and landing and
transhipment documentation requirements.

The best legal mechanism for
implementing trade sanctions, prohibition of port calls or landings or other
relevant sanctions against IUU fishers and fishing vessels will also be
reviewed.

1.1.1.3 Eliminating subsidies or other economic support to
IUU fishers[46]

Financial laws and
practices, including tax exoneration, investment criteria and subsidies, will be
reviewed with a view to ensuring that economic benefit or support is not
provided to Galactian companies, vessels or persons involved in IUU fishing. In
particular, if any IUU fisher is receiving benefits or tax exoneration connected
with the development of Terme Port, this will be immediately reviewed and
withheld if appropriate.

The evidentiary
provisions of the 2002 Fisheries Act are innovative in terms of permitting
certificate evidence and contain modern provisions relating to burden of proof
for fisheries offences. They are satisfactory for the introduction of evidence
of some new technologies but require more extensive provisions that cover such
areas as digital photography. There is also no special reference to the
admissibility of evidence taken in such situations as high seas boarding and
inspection by a non-national inspecting officer. A review of such provisions
will be carried out, with a view to amending the Fisheries Act
appropriately.

The 2002 Fisheries
Act has extensive provisions for MCS, but they apply only to areas under
national jurisdiction, except for hot pursuit. There are no provisions in
relation to modern MCS technology such as VMS. There does not seem to be the
legal flexibility needed for sub-regional cooperation in MCS under the RDC MCS
programme, nor for cooperative MCS on the Great Vegan Lake. The Act will be
reviewed, in view of Galactias current and future international
obligations, with the aim of introducing requirements focused on marine
fisheries including:

cooperation and harmonisation with other countries in the sub-region for marine
fisheries, and the neighbouring countries surrounding the Great Vegan
Lake;

installation and maintenance
of ALCs and compliance with any requirements of a VMS system consistent with
international standards;

boarding and inspection on the
high seas consistent with international law, recognizing the rights and
obligations of masters and of inspection officers;

observer programmes with
relevant national, regional or international standards, including for Galactian
vessels on the high seas; and

reporting requirements
consistent with requirements in the international instruments for areas within
and beyond national jurisdiction.

Technical assistance will be
sought from regional bodies and ongoing programmes as appropriate.

1.1.1.6 Strengthening control over foreign
fishing

It is current
Galactian policy to partner with foreign investors, rather than enter into
access agreements allowing foreign vessels to fish in Galactian waters. Galactia
will take measures to ascertain whether any potential partner has been involved
in IUU fishing, and if so will disqualify that partner from any investment
opportunity or other role in the Galactian fishing sector. In the event the
policy changes, an access agreement will be required under the 2002 Fisheries
Act and special attention will be given to terms and conditions that prevent,
deter and eliminate IUU fishing by those vessels.

1.1.1.7 Strengthening control over landings and
transshipments

Notification
requirements for landings and transhipments for marine fisheries will be
reviewed to ensure adequate opportunity for inspection. The legal authority to
prohibit landings and transhipments in a timely and effective manner will be
reviewed. The CCT resolutions and recommendations will be reviewed for
implementation.

1.1.1.8 Strengthening control over exports

The 2002 Fisheries
Act requires that a permit be issued by the Minister for export of fish in
commercial quantity, but there is currently no provision authorizing or
requiring the Minister to deny an export permit in the event the fish were
caught in an IUU fishery, nor creating an offence for an exporter to trade in
such fish. An amendment will be prepared catering to these situations.

Regarding fish illegally
caught by non-nationals in Galacitian waters of the Great Vegan Lake, then
landed in and exported from neighbouring countries, Galactia will work through
regional organizations and programmes and directly with the neighbouring and
importing countries as appropriate to eliminate this practice.

1.1.1.9 Implementation of obligations under
RFMOs

Legislative
authority to deter IUU fishing that undermines conservation and management
measures adopted or recommended by any RFMO to which Galactia is party will be
reviewed and amendments proposed. One amendment to the 2002 Fisheries Act that
will be considered is a provision prohibiting any person from landing,
importing, exporting, selling, buying etc. any fish taken contrary to
international conservation and management measures adopted a RFMO to which
Galactia is party.[49] Sanctions would be
severe, including high fines, and forfeiture as applicable.

In addition, cooperation with
the catch certification schemes of CCT will be intensified to facilitate
detection and the 2002 Fisheries Act will be reviewed to ensure the appropriate
inspection and reporting requirements are sufficient, and the sanctions are
deterrent.

A possible constraint in
adopting and implementing the above amendments is the planned expansion of tuna
landings in Terme Port. However, the current government supports the goal of
sustainable fisheries coupled with a punitive fine.

Galactia has
implemented the 1982 UN Convention in its 2002 Fisheries Act to a satisfactory
extent. Further action regarding implementation of the post-UNCED instruments is
described under paragraph 1.3, below.

Because Galactian
nationals dont as a rule seek employment as crew on non-Galactian fishing
vessels, Galactias practices will be focused on control over its national
vessels. Galactia will maintain a register of the operators or beneficial owners
of vessels flying its flag, including their nationality. In this way Galactia
can identify its nationals should a vessel be involved in IUU fishing. Galactia
will encourage other coastal States and RFMOs to maintain the same information
base, and encourage cooperation and information exchanges for purposes of
controlling nationals who may be involved in IUU fishing.

Galactia will develop measures
to discourage its nationals from flagging fishing vessels under the jurisdiction
of a State that does not meet its flag State responsibilities, including a
review of the benefits they may receive from Galactia (such as landing rights)
with a view to withholding such benefits. Initial efforts will be directed
towards those vessels that are registered in Pluto.

For inland fisheries, Galactia
will launch an information campaign directed at traditional fishing communities
with the objective of ensuring that Galactian nationals fish only in national
waters on Great Vegan Lake.

Galactia currently
lacks capacity to take active measures in relation to vessels without
nationality that fish on the high seas, but will cooperate as appropriate with
member countries of CCT that have such legislation and capacity.

· Galactia will cooperate with
all RFMOs to which it belongs to prevent, deter and eliminate the activities of
non-cooperating States which engage in IUU fishing. In particular, it will
implement all relevant resolutions of CCT.

The Galactian MCS
Unit and fisheries database and licensing unit have been strengthened as part of
the capacity-building project of the World Bank. Due to lack of capacity, there
is no observer programme, but a small team of inspectors carry out intermittent
port inspections. Until now, there has been no focus on IUU fishing in the
annual operations of the MCS unit or the fisheries database. The Unit will seek
assistance to develop a multi-year strategy that addresses IUU fishing, with the
following priorities:

improved
enforcement of IUU fishing in the EEZ;

improved enforcement of vessel
and gear marking;

improved training and
capacity, including training for high seas boarding and inspection as
appropriate;

improved liaison with the
fisheries database and licensing unit;

developing an observer
programme;

improved inspection of port
landings and transhipments;

developing a VMS system, in
step with amendments to the law regarding VMS and high seas fishing;

improved liaison with RFMOs of
which Galactia is member;

improved communication with
other organizations and networks, such as FAO and the MCS Network.

A budget to implement the
strategy will be drawn up and monies of the Fisheries Development Fund
established under the 2002 Fisheries Act will be allocated by the Commission
among the above priorities.

1.2 General measures needed to conform national laws,
regulations and practices to international standards

General measures needed to conform national laws and
regulations to international standards consist of the reviews and amendments
described in paragraph 1.1 of this section.

1.3 Plans to become party to and/or implement relevant
international instruments

Galactia plans to adhere to the 1993 FAO Compliance Agreement
and accede to the 1995 UN Fish Stocks Agreement, but because of lack of
institutional capacity will request special assistance for developing States
under Part V of the IPOA-IUU to enable accession and implementation in national
law. It will also seek further assistance in implementing the 1995 FAO Code of
Conduct for Responsible Fisheries.

1.4 Measures to improve State control over
nationals

Measures will be taken to improve State control over
nationals, based on the review described in paragraph 1.1.1.1, above. In
addition, an information campaign will be mounted, with external assistance, to
deter nationals from engaging in or supporting IUU fishing, both within and
outside Galactian waters.

1.5 Measures to deal with vessels without nationality that
conduct IUU fishing

Galactia currently lacks capacity to take measures to deal
with vessels without nationality that conduct IUU fishing, as noted in paragraph
1.1.2.1 above. Galactia will ensure communication as appropriate through any
RFMO of which it is a member to notify other States of information it receives
or action it takes. It will also be ready to receive information from any RFMO
or other State regarding a vessel without nationality that may appear to be
heading for Galactia waters, and will take appropriate measures.

1.6 Elimination of subsidies and other economic support
relating to IUU fishing

The measures taken to eliminate subsidies and other economic
support relating to IUU fishing are described in sections 1.1.1.3 and 1.1.2.4
above.

1.7 Measures to improve monitoring, control and
surveillance

Measures to improve monitoring, control and surveillance are
described in sections 1.1.1.5 and 1.1.2.5 above. In addition, with respect to
inland fisheries on the Great Vegan Lake, Galactia will cooperate through
regional organizations and programmes to improve MCS through improved reporting,
research and developing a programme where its nationals report on the activities
of non-Galactian vessels. It will also cooperate directly as appropriate with
neighbouring countries around the Great Vegan Lake towards this end.

2. FLAG STATE RESPONSIBILITIES

2.1 Measures to improve registration system for fishing
vessels

2.1.1 Keeping register current

Galactian law currently requires registration of all fishing
vessels, but the register is out of date because of lack of capacity to keep it
current. Many vessels currently on the register no longer exist, or have changed
ownership. Measures will be taken under the capacity-building project to ensure
that the register is kept up to date, with initial priority given to
semi-industrial and industrial vessels.

2.1.2 Control of registered vessels

Galactia will take measures to ensure its ability to
control vessels before granting registration. This will include the
following.

2.1.2.1 Sufficient registration information

As a priority, the
information required for vessel registration will be reviewed to ensure it
reflects the standards of transparency being developed at regional and
international levels. In particular, the CCT rules to prevent vessels involved
in chartering arrangements from being used for IUU fishing will be reviewed and
implemented.

2.1.2.2 Measures to deny registration

Measures to allow
registration to be denied to a fishing vessel that has been convicted of IUU
fishing, or, if registered, that will allow the vessel to be deregistered upon
conviction or require deregistration if a vessel carries more than one
registration. As a matter of priority, this will apply first to semi-industrial
and industrial vessels.

2.1.2.3 Further control measures

As the capacity of
the MCS Unit is strengthened and law is reformed, further measures will include
requirements for fishing beyond areas of national jurisdiction such as
licensing, reporting, observers and the installation of ALCs for industrial and
semi-industrial vessels.

2.1.3 Coordination of government activities

The Fisheries Commission will liaise regularly with the
ShipsRegistry Office with a view to putting information requirements and
procedures in place to prevent and deter IUU fishing, such as deregistration
requirements for vessels convicted of IUU fishing.

2.1.4 Review of chartering arrangements

Although all vessels currently fishing fly the Galactian flag,
measures will be taken to ensure Galactia can maintain control, in areas beyond
national jurisdiction, of vessels fishing under joint ventures or chartering
arrangements. Such measures will require transparent chartering arrangements to
ensure clear, current and accurate information is provided, and legal provisions
will be considered:

requiring that the
chartered vessels take on the nationality of Galactia - that is, be registered
in Galactia and fly its flag - for the duration of the charter arrangement;
or

requiring the charter
arrangement to make both Galactia and the flag State responsible for controlling
the high seas fishing conducted pursuant to a charter arrangement.

The charter arrangement could, for example, provide express
authority for both States to board and inspect the vessel on the high seas and
require reporting of catch data to both States. The 2002 Fisheries Act, in which
the operator of a vessel is liable for most offences, defines
operator as the owner, charterer and master. This means that the charterer may
be prosecuted if IUU fishing takes place.

2.2 Creation of a comprehensive record of fishing
vessels

2.2.1 Data for registration of high seas fishing
vessels

The following data will be included in the registration of
fishing vessels authorised to fish on the high seas:

name and address of operator
(manager) or operators (managers) (if any);

type of fishing method or
methods;

moulded depth;

beam;

gross registered
tonnage;

power of main engine or
engines.

2.2.2 Submission of data to FAO

Submission of the above data to FAO will be arranged on a
regular basis, noting that information on the last six points (from name and
address of operator) will be submitted to the extent practicable.

2.3 Measures requiring authorization to fish

The 2002 Fisheries Act requires industrial and semi-industrial
vessels to have a licence to fish prior to engaging in fishing activities, and
this will continue to be enforced. Galactia will cooperate through regional
organizations and programmes to develop arrangements aimed at a system of
fishing authorizations for the Great Vegan Lake.

2.4 Measures to control transport and support
vessels

The 2002 Fisheries Act prohibits support canoes from operating
in the IEZ, and measures will be reviewed to enforce this law. Galactia will
enforce the requirement that at-sea transhipments and processing of fish require
authorization from the flag State (including Galactian vessels that undertake
processing at sea in the zone of a neighbouring country). Galactia will adhere
to CCTs rules that at-sea transhipments take place only between CCT
members or between CCT members and cooperating non-parties.

2.5 Other control measures

Regulations will be promulgated under the 2002 Fisheries Act
to require semi-industrial and industrial fishing vessels and their gear to be
marked in accordance with FAO international vessel marking standards.

It is suspected that there are incursions by foreign vessels
into Galactian marine waters. As the MCS Unit is strengthened, enforcement
activity will focus on these incursions. In addition, information will be sought
from CCT, FAO and other sources as appropriate as to the vessels that may be
fishing in this area.

With respect to IUU fishing by non-Galactian vessels on the
Great Vegan Lake, Galactia will continue to develop approaches to improve MCS,
including appropriate penalties such as confiscation of fish and vessels
operated by unauthorized fishers from neighbouring countries.

3.2 Cooperation with other coastal States

Galactia will cooperate with its neighbouring coastal States,
especially those in which Galactian vessels are fishing, with a view to
exchanging data and cooperating in enforcement of IUU fishing. Cooperation will
be carried out bilaterally and through the RFMOs of which Galactia is a
member.

As the MCS Unit is strengthened, a strategy will be developed
to ensure foreign vessels are inspected in port, and that the inspectors are
trained to inspect catch certification documentation agreed in CCT.

4.1.3 Evidence indicating IUU fishing

Where evidence is found indicating that a foreign vessel in
port has encouraged or supported IUU fishing, a procedure will be developed to
enable effective measures to be taken, including prohibition on landing or
transhipment.

4.1.4 Denial of port access

Procedures will be developed to allow the denial of port
access to foreign vessels suspected of engaging in or supporting IUU
fishing.

4.2 Cooperation with port States to combat IUU
fishing

Galactia will cooperate with neighbouring coastal States to
agree on mechanisms and information exchange to combat IUU fishing.

4.3 Implementation of port State measures adopted by
RFMOs

Galactia will implement port State measures adopted by
relevant RFMOs, with a priority on measures adopted by CCT.

5. INTERNATIONALLY AGREED MARKET-RELATED
MEASURES

5.1 Implementation of market-related measures adopted by
RFMOs

5.1.1 Provision of information to RFMOs

Galactia will provide information to CCT and other relevant
RFMOs as appropriate on vessels suspected of IUU fishing in their respective
Areas of Competence.

5.1.2 Import restrictions

Measures will be taken to restrict imports of fish and fish
products from vessels and/or States identified by RFMOs, especially CCT, as
engaging in or supporting IUU fishing.

5.1.3 Catch documentation schemes

Measures will be taken to implement the catch documentation
and certification schemes for Galactian vessels that are adopted by CCT and any
other relevant RFMO to which Galactia may become a member.

5.2 Implementation of other market-related
measures

5.2.1 Transparency measures

Technical assistance will be requested to develop measures to
improve the transparency of markets to allow the traceability of fish and fish
products.

5.2.2 Information dissemination

As part of the capacity building project, Galactia will mount
an information programme to disseminate information on IUU fishing to
individuals and companies whose activities are related to fishing.

5.2.3 Prohibition in law

An amendment to the 2002 Fisheries Act will be drafted as
described in paragraph 1.1.1.9, above, that makes in a violation to conduct
business or trade in fish or fish products derived from IUU fishing.

6. IMPLEMENTATION OF IPOA-IUU THROUGH RFMOS

6.1 Implementation of IPOA-IUU through RFMOs

Galactia will continue to work through RFMOs to implement the
IPOA-IUU. It will support proposals made for relevant activities, and implement
any decisions taken to the extent possible. However, Galactias capacity to
participate in RFMOs and to actively implement their resolutions and processes
(such as provision of information) is limited. As appropriate, further technical
assistance may be sought to further Galactias participation in some of the
following endeavours.

institutional
strengthening of RFMOs;

additional compliance
mechanisms to be adopted by RFMOs;

better collection and exchange
of information through RFMOs;

strengthen monitoring, control
and surveillance through RFMOs;

development of comprehensive
port State systems through RFMOs;

improve documentation and
certification schemes through RFMOs;

regulate chartering
arrangements through RFMOs;

address non-member fishing
through RFMOs;

formalize cooperation among
RFMOs and between RFMOs and other international organizations.

7. SPECIAL REQUIREMENTS OF DEVELOPING
COUNTRIES

This Part of the IPOA, which relates to participation in
efforts to assist developing States, and give bilateral assistance to developing
States, is not relevant for the NPOA of Galactia because it indicates the
establishment by donors of a voluntary trust fund. Galactia supports the
establishment of a voluntary trust fund, and acknowledges and values the
assistance given to date including by FAO programmes such as FishCode, which has
a component to support the implementation of the IPOA-IUU fishing.

[38] Semi-industrial is
defined in the Galactian 2002 Fisheries Act as a motor fishing vessel powered by
an inboard engine, and excludes artisanal fishing vessels (traditional canoe
fishing by a citizen) and industrial fishing vessels (motor fishing vessel
equipped with hydraulic equipment and using industrial gear).[39] For examples of
legislation adopted by some countries relating to IUU fishing, see Edeson, W.,
Freestone, D., and Gudmundsdottir, E., Legislating for Sustainable
Fisheries The World Bank, 2001.[40] IPOAIUU Paragraphs
18 and 19.[41] For further explanation
of the ambiguity, see Edeson, W., et al, note 1, p. 63-65.[42] Note the official
designation of RFMOs, for example by Notice in the Gazette, would provide
the necessary certainty as to the high seas conservation and management measures
that will be applicable to Galactian nationals. Such certainty in law is an
essential component of criminal offences.[43] The United States, for
example, has declared that stateless vessels are subject to the jurisdiction of
the United States, and has successfully exercised its authority under related
legislation (the Magnuson-Stevens Act and the High Seas Fishing Compliance
Act.)[44] An example of this is
the United States Lacey Act which can be used in certain circumstances, for
example where the fish or fish products are landed or brought to any place
subject to US jurisdiction. The legislation is not directed specifically at US
nationals, but makes it unlawful for any person subject to US jurisdiction to
import, export, transport, sell, receive, acquire, possess or purchase any
fish...take, possessed or sold in violation of any foreign law, treaty or
regulation. This has been used successfully to prosecute US nationals who
engage in certain forms of IUU fishing.[45] IPOAIUU Paragraph
21.[46] IPOAIUU Paragraph
23.[47] IPOAIUU Paragraph
17.[48] IPOAIUU Paragraph
24.[49] This is similar to the
US Lacey Act provision, which has the objective of enforcing the
laws of other States through such measures.[50] Paragraph 11.[51] Paragraphs 18 and
19.[52] Paragraph 20.[53] Paragraph 22.[54] Paragraph 23.[55] Paragraph 24.